RAISING THE AGE OF JUVENILE JURISDICTION Nov. 29, 2012 IN ILLINOIS
AGENDA
AGENDA BACKGROUND METHODS LEGAL LANDSCAPE EFFECTS OF RAISING THE AGE (MISDEMEANORS) POTENTIAL IMPACT OF RAISING THE AGE (FELONIES)
BACKGROUND
BACKGROUND Public Act 095-1031 (Raise the Age – Misdemeanor) 17-year-old misdemeanants under juvenile court jurisdiction Provided for analysis of the impact of the change Effective January 1, 2010 Public Act 096-1199 (Commission Report) reassigned report and recommendations to IJJC effective January 1, 2011 “Study the impact of, develop timelines, and propose a funding structure to accommodate the expansion of the jurisdiction of the Illinois Juvenile Court to include youth age 17 under the jurisdiction of the Juvenile Court Act of 1987” 20 ILCS 505/17a-9(a)(6)
METHODS
METHODS Legal Research Best Practices/Youth Development Data Requests Practitioner Interviews
METHODS Legal Research Best Practices/Youth Development Data Requests Administrative Office of the Illinois Courts Illinois Criminal Justice Information Authority Illinois Department of Commerce Census 2010 State Repository Illinois Department of Corrections Illinois Department of Juvenile Justice Juvenile Management Information System University of Illinois, Center for Prevention Research and Development Practitioner Interviews
METHODS Legal Research Best Practices/Youth Development Data Requests Practitioner Interviews 12-county Sample Narrative Responses Law Enforcement Prosecutors and Defenders Probation Officers Juvenile Detention Centers Adult Jails
Q: WHAT ARE THE DEVELOPMENTAL CHARACTERISTICS OF 17-YEAR-OLDS?
AGE-CRIME CURVE What makes juveni nile offenders different from adul ult offend nders? Trend nds & Issue ues in Crime and Criminal al Justice no. . 409 Kelly Richards ISSN 1836-2206 Canberra: Australian Institute of Criminology, February 2011
Q: WHAT ASPECTS OF JUVENILE JURISDICTION ARE UNIQUE?
DELINQUENCY VS. CRIMINAL COURT Juve venil nile Adult lt Parental Notification of Arrest No Juvenile Officer to Safeguard Youth No Parental Summons/Accountability No Parent Obligation or Standing Detained with Age Peers General Population Option of DCFS Resolution Unlikely Juvenile Court Expertise: Judges, High Volume of Cases: Youth expertise prosecutors, defenders, probation unnecessary officers, detention staff Indeterminate Sentencing Determinate Sentencing Rehabilitation Purpose + Accountability Incapacitation and Deterrence Focus Confidential Public Record Decisions consider risk screenings and Incomplete information social history
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE Centers for Disease Control and Prevention (CDC) Task Force findings based on comprehensive review of every published or government-conducted study on transfer policies 34% more likely to be arrested if youth in the adult system 36 times more likely to commit suicide “[T]o the extent that transfer policies are implemented to reduce violent or other criminal behavior, available evidence indicates that they do more harm than good . . . the use of transfer laws and strengthened transfer policies is counterproductive to reducing juvenile violence and enhancing public safety.” “Effects on Violence of Laws and Policies Facilitating the Transfer of Youth from the Juvenile to the Adult Justice System: A Report on Recommendations of the Task Force on Community Preventive Services” MWMR (November 2007)
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE Centers for Disease Control and Prevention (CDC) Task Force findings based on comprehensive review of every published or government-conducted study on transfer policies 34% more likely to be arrested if youth in the adult system 36 times more likely to commit suicide “[T]o the extent that transfer policies are implemented to reduce violent or other criminal behavior, available evidence indicates that they do more harm than good . . . the use of transfer laws and strengthened transfer policies is counterproductive to reducing juvenile violence and enhancing public safety .” “Effects on Violence of Laws and Policies Facilitating the Transfer of Youth from the Juvenile to the Adult Justice System: A Report on Recommendations of the Task Force on Community Preventive Services” MWMR (November 2007)
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE June 2010 Bulletin, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) Compiles results of several very large studies of youth in adult court
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE June 2010 Bulletin, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) Compiles results of several very large studies of youth in adult court Example study: Lanza-Kaduce (2005) 950 youth offenders (475 matched pairs) Youth matched by 8 variables: geography, age, gender, race, number of previous juvenile referrals, most serious prior offense, offense, and number of charges Offense Seriousness (12 variables): prior juvenile referrals, multiple charges at arrest, multiple incidents involved in the case, charge consolidation, legal problems during case processing, gang involvement, codefendants or accomplices, property loss or damage, victim injury, use of weapons, felony charges, and the presence of mitigating and aggravating factors 40% more likely to reoffend as adults (persistence of criminal career) if sent through the adult system
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE June 2010 Bulletin, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) 6 total studies - between 494 and 5,476 youth in each Every single study showed higher recidivism in adult system – even when youth was given probation and not incarcerated “Laws that make it easier to transfer youth to the adult criminal court system have little or no general deterrent effect, meaning they do not prevent youth from engaging in criminal behavior .” “Youth transferred to the adult system are more likely to be rearrested and to reoffend than youth who committed similar crimes, but were retained in the juvenile justice system .” Richard E. Redding, Juvenile Transfer Laws: An Effective Deterrent to Delinquency? OJJDP Bulletin (June 2010)
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE June 2010 Bulletin, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) 6 total studies - between 494 and 5,476 youth in each Every single study showed higher recidivism in adult system – even when youth was given probation and not incarcerated “Laws that make it easier to transfer youth to the adult criminal court system have little or no general deterrent effect, meaning they do not prevent youth from engaging in criminal behavior .” “Youth transferred to the adult system are more likely to be rearrested and to reoffend than youth who committed similar crimes, but were retained in the juvenile justice system .” Richard E. Redding, Juvenile Transfer Laws: An Effective Deterrent to Delinquency? OJJDP Bulletin (June 2010)
YOUTH IN ADULT COURT: RECIDIVISM AND DETERRENCE June 2010 Bulletin, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP) Why stark differences in recidivism? Felony stigma Feelings of injustice Fraternization with adults Incarceration trauma Lack of rehabilitation focus Deemphasis on family support Loss of employment opportunities Decrease in lifelong earning potential
Q: WHAT WAS THE IMPACT OF RAISING THE AGE FOR MISDEMEANANTS?
SYSTEM IMPACT ANTICIPATED IMPACT ACTUAL EFFECT ARREST PETITION ADJUDICATION PROBATION DETENTION INCARCERATION
ANTICIPATED IMPACT Based on most recent arrest data at the time (2009)
ANTICIPATED IMPACT Based on most recent arrest data at the time (2009) +38.4%
ARRESTS
NUMBER OF 17-YEAR-OLD ARRESTS SINCE 2005 RTA 25,000 Felony 20,000 Unknown 15,000 Adult Misdemeanor 10,000 Juvenile Misdemeanor 5,000 (optional reporting) 0 2005 2006 2007 2008 2009 2010 2011 Source: ICJIA
NUMBER OF 17-YEAR-OLD ARRESTS SINCE 2005 RTA 25,000 Felony 20,000 Unknown 15,000 -41% Adult Misdemeanor 10,000 Juvenile -25% Misdemeanor 5,000 (optional reporting) -52% 0 2005 2006 2007 2008 2009 2010 2011 Source: ICJIA
NUMBER OF 17-YEAR-OLD ARRESTS SINCE 2009 RTA 25,000 Felony 20,000 Unknown 15,000 -37% Adult Misdemeanor 10,000 Juvenile -13% Misdemeanor 5,000 (optional reporting) -41% 0 2005 2006 2007 2008 2009 2010 2011 Source: ICJIA
PETITIONS
STATEWIDE JUVENILE PETITIONS 2005-2011 RTA 30,000 25,000 Cook Petitions 20,000 AOIC Northern (w/o Cook) Petitions 15,000 Central Petitions 10,000 Southern Petitions 5,000 - 2005 2006 2007 2008 2009 2010 2011 Source: AOIC, ICJIA
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